Prayer was offered by the Reverend Douglas Ondeck, Assistant
Pastor, Sacred Heart Co-Cathedral, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 10,
2008,
On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:By Senators Kessler, Jenkins, Unger, Plymale and Hunter:Senate Bill No. 206--A Bill to amend and reenact §33-3-33 of
the Code of West Virginia, 1931, as amended, relating to providing
for administration and training expenses from Fire Protection Fund
revenue to the West Virginia State Fire Chiefs' Association and the West Virginia State Fireman's Association; eligibility and
requirements for receipt of funds; and exempting both associations
from eligibility and spending requirements provided for volunteer
and part-volunteer fire company or department.Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.By Senators Fosterand Plymale:Senate Bill No. 207--A Bill to amend and reenact §7-14D-7, §7-
14D-9c, §7-14D-14, §7-14D-15, §7-14D-16, §7-14D-23, §7-14D-24 and
§7-14D-30 of the Code of West Virginia, 1931, as amended, all
relating to the Deputy Sheriff Retirement System Act; correcting
errors; permitting rollovers of any dollar amount; providing for an
onset date for disability retirement benefits; providing for
termination of disability retirement benefits of a retirant who
refuses to submit to a medical examination or provide a
certification statement by his or her physician of continued
disability; removing option for term insurance to repay loan;
providing for subsequent loan on repayment of prior loan;
clarifying eligibility requirements of certain sheriffs; and
permitting collection of fees for late payment from employers.Referred to the Committee on Pensions; and then to the
Committee on Finance.By Senators Foster and Plymale:Senate Bill No. 208--A Bill to amend and reenact §5-10C-3, §5-10C-4 and §5-10C-5 of the Code of West Virginia, 1931, as amended,
all relating to government employees retirement plans; adding the
West Virginia Emergency Medical Services Retirement System to, and
clarifying that all other retirement systems administered by the
Consolidated Public Retirement Board are included in, the
definition of retirement systems for purposes of the employer pick-
up provisions; clarifying that all participating public employers
in retirement systems covered by this article are included in the
definition of participating public employer; and setting forth
requirements for member contributions to be picked up for federal
tax purposes by participating public employers in retirement
systems covered by this article in accordance with revised guidance
relating to same from the Internal Revenue Service.Referred to the Committee on Pensions; and then to the
Committee on Finance.By Senators Foster and Jenkins:Senate Bill No. 209--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5,
§16-9G-6, §16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11,
§16-9G-12, §16-9G-13, §16-9G-14, §16-9G-15 and §16-9G-16, all
relating to prohibiting smoking in public places of employment and
government vehicles.Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.By Senators Hunter, Jenkins, Wells and Unger:Senate Bill No. 210--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all monetary benefits derived from military retirement from
personal income tax obligations.Referred to the Committee on Pensions; and then to the
Committee on Finance.By Senators Bailey, Hunter and Unger:Senate Bill No. 211--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to providing
a state income tax exemption to retirees in five thousand dollar
increments, beginning in the year two thousand nine, until the
total exemption is on the first twenty thousand dollars of their
retirement income.Referred to the Committee on Pensions; and then to the
Committee on Finance.By Senators Foster, Green, Jenkins, Deem, Stollings, Wells,
Hunter and Plymale:Senate Bill No. 212--A Bill to amend and reenact §17B-2-12 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §17B-2-12a, all
relating to requiring vision screening for renewal of a driver's
license.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):Senate Bill No. 213--A Bill to amend and reenact §18C-7-6 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the West Virginia PROMISE Scholarship Board to
recommend a legislative rule to the Higher Education Policy
Commission for promulgation requiring repayment of the PROMISE
scholarship award under certain circumstances.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Bailey, Jenkins, Love and Hunter:Senate Bill No. 214--A Bill to amend and reenact §15-2-12 of
the Code of West Virginia, 1931, as amended, relating to powers of
the West Virginia State Police.Referred to the Committee on the Judiciary.By Senator Bailey:Senate Bill No. 215--A Bill to amend and reenact §11-13A-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-27-18 of said code, all relating to privilege tax on
certain occupations and services.Referred to the Committee on Finance.By Senators Yoder, Caruth, Guills, Barnes, Boley and Sypolt:
Senate Joint Resolution No. 6--Proposing an amendment to the
Constitution of the State of West Virginia, amending sections two
and five, article VIII thereof, relating to providing for the merit
selection of Justices of the Supreme Court of Appeals and circuit
court judges; numbering and designating such proposed amendment;
and providing a summarized statement of the purpose of such
proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Unger and Stollings offered the following resolution:Senate Concurrent Resolution No. 18--Requesting the Division
of Highways name bridge number 02-13-1.56 (4913) in Martinsburg,
Berkeley County, the "Dr. C. Vincent Townsend, Sr., Bridge".
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg,
Berkeley County, on May 25, 1923, the son of Clarence William and
Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg
High School, Potomac State College, West Virginia University and
the Medical College of Virginia. Dr. Townsend served as a
physician in the United States Navy at the Portsmouth Naval
Hospital and on the USS Adirondack, an amphibious command ship,
during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and
cardiology for more than 40 years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State
Medical Association "Physician of the Year Award" in 2000. He
helped establish the local Heart Association, a pediatric heart
clinic and the Shriner's Hospital Evaluation and Fund drives. He
also acted as a cardiology consultant at the local Veterans'
Administration Hospital. Former Governor Jay Rockefeller appointed
Dr. Townsend as Medical Director of Emergency Medical Services in
regions eight and nine and, in this capacity, he participated in
the establishment of the 911 service and a paramedic training
program; and
Whereas, Dr. Townsend has served as Master of his local
Freemason Lodge in Martinsburg and is a past Grandmaster of the
Grand Lodge of West Virginia. He has enjoyed a long and active
membership in the local Rotary Club. Other positions and
affiliations include the presidency of King's Daughter's Hospital
and City Hospital staff, Eastern Panhandle Medical Society, Eastern
Panhandle Heart Association, Junior Board of Trade, Eastern
Panhandle Shrine Club, Burke Street School PTA and Medical College
of Virginia Valley Chapter and West Virginia Chapter. He is past
Director of the local Chamber of Commerce, the West Virginia Heart
Association, Old National Bank and One Valley Bank and Director
Emeritus of Branch Banking and Trust. He has been a member of the
Sons of the American Revolution, Elks, Sons of Confederate Veterans, American Legion and numerous other organizations, not the
least of which is the Exhausted Roosters which, in 1972, gave him
honor by naming him the Exuberant Gizzard of the Exhausted
Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis,
have three sons: Clarence Vincent Townsend, Jr., a hospital
administrator, Gary Miles Townsend, a physician and attorney, and
Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend
and his wife also have seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his
family, his medical profession, his patients, his community, the
State of West Virginia and his country; therefore, be itResolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County,
the "Dr. C. Vincent Townsend, Sr., Bridge"; and, be itFurther Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Dr. C. Vincent Townsend, Sr., Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to Dr. C. Vincent Townsend,
Sr.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.Senate Concurrent Resolution No. 1, Requesting Division of
Highways name bridge in Webster Springs, Webster County, "Kenny Ray
Hamrick Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.Senate Concurrent Resolution No. 2, Requesting Joint Committee
on Government and Finance study tourism opportunities in
less-developed counties.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Economic
Development; and then to the Committee on Rules.Senate Concurrent Resolution No. 3, Requesting Legislative
Oversight Commission on Education Accountability explore options to
improve school health.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education;
and then to the Committee on Rules.Senate Concurrent Resolution No. 4, Urging Congress pass
Employee Free Choice Act.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study post-construction stormwater
runoff.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study Universal Voluntary Accounts
Program.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Pensions;
and then to the Committee on Rules.Senate Concurrent Resolution No. 7, Requesting Joint Committee
on Government and Finance study state agencies' use of state-owned
facilities.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization; and then to the Committee on Rules.Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Beaver, Raleigh County, "Major Jeff L.
Davis Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.Senate Concurrent Resolution No. 9, Requesting Joint Committee
on Government and Finance study beverage container recycling.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.Senate Concurrent Resolution No. 10, Requesting Joint
Committee on Government and Finance study predatory mortgage
lending practices.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Banking and
Insurance; and then to the Committee on Rules.Senate Concurrent Resolution No. 11, Requesting Joint
Committee on Government and Finance study sequestration of
greenhouse gases.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.Senate Concurrent Resolution No. 12, Requesting Division of
Highways name bridge in Huntington, Cabell County, "Michael Dale
Thomas Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.Senate Concurrent Resolution No. 13, Requesting Legislative Oversight Commission on Health and Human Resources Accountability
study sexual assault nurse examiner programs.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.Senate Concurrent Resolution No. 14, Requesting Joint
Committee on Government and Finance study feasibility of national
park in High Allegheny region.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources; and then to the Committee on Rules.Senate Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study managed timberland.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources; and then to the Committee on Rules.Senate Concurrent Resolution No. 16, Requesting Joint
Committee on Government and Finance study elimination of wireless
coverage dead spots.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Rules.Senate Concurrent Resolution No. 17, Requesting Legislative Oversight Commission on Health and Human Resources Accountability
study availability of medical rehabilitation centers.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, the Senate adjourned until
Monday, January 14, 2008, at 11 a.m.